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SCR.A/1689/1993 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1689 of 1993
With
SPECIAL
CRIMINAL APPLICATION No. 1511 of 1996
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LOK
ADHIKAR SANGH IN PLACE OF MOMIN ALI & 3 - Applicant(s)
Versus
SHRI
C.C.SHUKLA,SUPDT.,REMAND HOME,AHMEDABAD & 2 - Respondent(s)
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Appearance :
MR
GIRISH PATEL for Applicant(s) : 1,
NOTICE UNSERVED for
Respondent(s) : 1,
PUBLIC PROSECUTOR for Respondent(s) : 2,
None
for Respondent(s) :
3,
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 22/11/2010
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
Under
Section 4(3) of the Juvenile Justice (Care and Protection of
Children) Act, 2000, only a Magistrate having special knowledge or
training in child psychology or child welfare is eligible for
appointment as a Member of the Juvenile Justice Board. It has come
to the notice of the Court that no specific order of appointment has
been issued by the State appointing one or other qualified Magistrate
as Member of the Board. By notification, it is only notified that
senior most Magistrate of the District will function as Member of
the Juvenile Justice Board, which prima facie appears to be not in
accordance with law. In the circumstances, the respondent –
State is directed to state as to why they be not directed to take up
the matter with the High Court, request the High Court to nominate
qualified Magistrates for appointment to the posts of Magistrate
Member of Juvenile Justice Board and why the State Government be not
directed to notify them as Members of the Board.
It
is expected that the State Government will rectify the technical
defects in the matter of constitution of Juvenile Justice Board.
Let
a copy of this order be handed over to the learned Government Pleader
for information to the officials concerned.
Post
the matter on 14th December, 2010.
[S.J.
MUKHOPADHAYA, CJ.]
[K.
M. THAKER, J.]
sundar/-
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